The Ralph M. Brown Act (Gov. Code section 54950 et seq.) (“the Act”) provides that meetings of a legislative body of a public agency must be open and public. Since 1988, the Act has allowed teleconferencing as a means to participate in meetings of public agencies. The Act was amended in response to the COVID-19 pandemic to allow public agencies more flexibility to use teleconferencing during the mandatory “stay-at-home” orders. Since then, the California Legislature passed several bills to allow for continued teleconferencing flexibility under specified circumstances. In 2022, the Legislature passed Assembly Bill 2449 (“AB 2449”) allowing members of legislative bodies to participate in meetings remotely for “just cause” and “emergency circumstances” without making the location public. AB 2449 sunsets on January 1, 2026.

As a result of the sunsetting of AB 2449 and in an effort to provide additional teleconferencing flexibility for specific groups, starting January 1, 2026, significant changes to how public agencies conduct their meetings will take effect as the result of Senate Bill 707 (“SB 707”) signed into law by Governor Gavin Newsom on October 3, 2025, Chapter 327, Statutes 2025. SB 707 amends the Act and is intended to increase public participation and expand remote teleconferencing access in public agency meetings. Local educational agencies should become familiar with these critical changes and consider updating meeting procedures to reflect the new provisions of the Act. Several of those upcoming changes are highlighted below. 

Teleconferencing as a Reasonable Accommodation

SB 707 expressly allows legislative body members to participate by teleconference as a reasonable accommodation for a disability.¹ Remote participation under these circumstances is treated as in-person attendance at the physical meeting location, including for purposes of satisfying a quorum. Specifically, new subdivision (c) to section 54953 provides:

“Nothing in this chapter shall be construed to prohibit a member of a legislative body with a disability from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law.”

Remote participation in case of a recognized disability, however, is subject to certain conditions (see Gov. Code section 54953(c)(2) (as amended)):

A member of a legislative body participating in a meeting by remote participation pursuant to this subdivision shall do both of the following:

The member shall participate through both audio and visual technology, except that any member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera.

The member shall disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any of those individuals.² 

“Just Cause” Provisions Extended

SB 707 extends the provision for members to participate remotely due to “just cause” until December 31, 2029. In doing so, SB 707 expands the definition of just cause to include things like a physical or family medical emergency, childcare responsibilities, illness, or military service. Specifically, Section 54953.8.3 was added to the Act and requires that:

A member of the legislative body notif[y] the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting.

The member [] participate[s] through both audio and visual technology.

Under the expanded definition of SB 707, just cause includes (see Gov. Code section 54953.8.3 (as amended)):

Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. 

A contagious illness that prevents a member from attending in person.

A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953 [persons with a disability as discussed above]

Travel while on official business of the legislative body or another state or local agency.

An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.

A physical or family medical emergency that prevents a member from attending in person.

Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency.

A Board member of a legislative body may not participate in a meeting remotely more than twice per year, if the legislative body regularly meets once per month or less; five times per year, if the legislative body regularly meets twice per month; or seven times per year, if the legislative body regularly meets three or more times per month. See Gov. Code section 54953.8.3(a)(3). Lastly, a member's remote attendance for just cause need not be listed on the meeting agenda. However, the fact of the member's remote attendance and the specific just cause basis invoked by the member must appear in the minutes of the meeting. See Gov. Code section 54953.8(b)(7). We suggest that an announcement of the member's remote attendance and the just cause basis be made at the start of the meeting. Please note that SB 707 expressly does not require a member articulating a just cause for remote attendance to disclose any medical diagnosis or disability, or any personal medical information that is otherwise exempt under existing law. (Gov. Code section 54953.8(b)).

If you have any questions regarding SB 707 or would like assistance with reviewing and updating legislative board policies and procedures for meetings, please contact our office. Community college districts should also review our separate Legal Update on SB 707 and changes regarding subsidiary bodies and student organizations (See "January 1, 2026 Changes to the Ralph M. Brown Act for Community Colleges Regarding Subsidiary Body (Academic Senate) and Student Organizations"). Parker & Covert LLP has offices located in southern and northern California. We invite you to visit our website at www.ParkerCovert.com.

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_{¹ For purposes of the Brown Act, “disability” means a physical disability or a mental disability as those terms are defined in California Government Code Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42 of the United States Code. See Gov. Code section 12926 (defining “disability” as a physical or mental condition that limits a major life activity, whether or not the limitation is permanent) and 42 U.S.C. section 12102 (defining a disability as a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment).}

_{² Local agencies' obligation to implement a procedure “for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities,” in accordance with the requirements of the Americans with Disabilities Act, has not changed, but this requirement is moved from section 54953(g) to added section 54953.8(b)(8).}

_{This Parker & Covert LLP post is intended for informational purposes only and should not be relied upon as legal advice. Legal issues and principles apply differently, sometimes substantially, depending on context and facts.
Review or receipt of this post does not create an attorney-client relationship.}